- (1.) The civil revision petition has been filed against the order in I.A. No. 201 of 1980 in O.S. No. 24 of 1979 on the file of the Court of the District Munsif, Alampur. The respondent filed the above suit, O.S. No. 24 of 1979 against the petitioner for the recovery of certain amounts due. The suit is part-heard. At that stage, the respondent filed the above I.A. requesting the lower Court to permit him to adduce further evidence. Thereon, the lower Court passed the order reopening the suit, "in the interests of justice."
(2.) The learned Counsel for the petitioner, Sri Sridhar Rao raised two contentions. The first contention is that Order 18, rule 17-A, Civil Proredure Code, provides the power for the lower Court to reopen the suit. But the lower Court exercised its inherent power under section 151, Civil Procedure Code. In the face of the specific provision referred to above, the inherent power cannot be exercised. Secondly, it is contended that the respondent- plaintiff did not assign any reasons in the affidavit filed in support of the petition to reopen the case and that the lower Court did not give any reasons for reopening the case. Therefore, the order is illegal.
(3.) With regard to the first contention, it is no doubt true that in the order it is stated that the petition was filed under section 151, Civil Procedure Code, and that the lower Court passed the order reopening the suit enabling the plaintiff to adduce further evidence.;